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Articles 7711 - 7740 of 8566
Full-Text Articles in Entire DC Network
The Warsaw Convention-Does It Create A Cause Of Action?, Glenn Pogust
The Warsaw Convention-Does It Create A Cause Of Action?, Glenn Pogust
Fordham Law Review
No abstract provided.
Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti
Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti
Faculty Scholarship
No abstract provided.
Should The Capital Vote In Congress? A Critical Analysis Of The Proposed D.C. Representation Amendment , U.S. Senator Orrin G. Hatch
Should The Capital Vote In Congress? A Critical Analysis Of The Proposed D.C. Representation Amendment , U.S. Senator Orrin G. Hatch
Fordham Urban Law Journal
This article describes H.J. Res. 554, the proposed Amendment to obtain voting representation for D.C. It gives a historical overview of the District and its efforts to gain national representation, and presents a critical analysis of the case for District representation, including a summary of the arguments made in favor of the proposed amendment, as well as the constitutional and policy objections to the D.C. Amendment. The article concludes that proponents of the amendment conflate representation of the citizens of the District with representation of the District, and overlook its place as a neutral seat of government.
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino
Fordham Urban Law Journal
Author traces the history of legal duty in prenatal injury cases and examines the factors which contributed to the expansion and evolution of such duty. Author examines the approaches used by courts in deciding whether to grant a cause of action for prenatal injuries and analyzes recent decisions and what effect they may have on the future prenatal injury litigation.
Limited Partnerships In Diversity: The Effect Of Rule 17(B) On Federal Jurisdiction, Marian Burnbaum
Limited Partnerships In Diversity: The Effect Of Rule 17(B) On Federal Jurisdiction, Marian Burnbaum
Fordham Urban Law Journal
Article discusses the Uniform Limited Partnership Act (ULPA) which removed the ability of limited partners to sue or be sued upon partnership rights and how federal courts have different approaches for determining a limited partnerships citizenship under the Federal Rule of Civil Procedure 17(b). One approach applies the common law citizenship rule for unincorporated associations which makes the limited partnership a citizen of every state in which any general or limited partner resides. The alternative method first utilizes Rule 17(b) which directs the court to state law in the location of proper parties to the action where the court may …
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Hunters And The Hunted: Rights And Liabilities Of Bailbondsmen, Michael Goldstein
Fordham Urban Law Journal
This Note examines the development of this extrajudicial power to make arrests, the manner in which it is handled in the context of tort law, and the impact of civil rights legislation on the rights of bailbondsmen.
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Challenging New York Grand Jury Composition: The Barrier Of The "Systematic And Intentional Exclusion" Requirement, Pearl Zuchlewski
Fordham Urban Law Journal
Note examines the statutory law which provides for a grand jury in New York, the background of federal constitutional requirements, and New York court decisions which have interpreted the statutes when defendants or witnesses have challenged a grand jury for failing to conform to "the very idea of a jury," which is a body "composed of the peers or equals of the persons whose rights it is selected or summoned to determine his neighbors, fellows and associates.
De Novo Review Under The Food Stamp Act: Interpreting "Administrative Action", Thomas Tesoro
De Novo Review Under The Food Stamp Act: Interpreting "Administrative Action", Thomas Tesoro
Fordham Urban Law Journal
Note examines the judicial review of the Secretary of Agriculture’s determination of households eligible for the food stamp program and compares the various approaches adopted by different circuits.
Ending Discrimination Against The Handicapped Or Creating New Problems? The Hew Rules And Regulations Implementing Section 504 Of The Rehabilitation Act Of 1973, Abbe Herbst
Fordham Urban Law Journal
Congress' intention of the Rehabilitation Act of 1973 was to eradicate discrimination based on handicap. Note examines how the Rules and Regulations promulgated to implement section 504 of the Act by permitting waivers under certain circumstances fall short of accomplishing this goal and examines the small, but increasing number of cases decided under the Act.
Enforcing Transportation Control Plans: The Environmental Protection Agency Vs. The States, William Bell
Enforcing Transportation Control Plans: The Environmental Protection Agency Vs. The States, William Bell
Fordham Urban Law Journal
Article examines the treatment of transportation control plans (TCP’s) that each state was mandated to create under the Clean Air Act. Article discusses statutory and constitutional objections to challenge the enforcement of the plans, beginning with Pennsylvania v. EPA. Article then considers the issues involved in New York’s TCP which was designed by the State and City of New York.
Electronic Fund Transfers, Branch Banks, And Potential Abuse Of Privacy, Janine Hornicek
Electronic Fund Transfers, Branch Banks, And Potential Abuse Of Privacy, Janine Hornicek
Fordham Urban Law Journal
Article discusses electronic fund transfer (EFT) systems which allow consumers to deposit and withdraw money. Article then discusses the legal problems which have resulted from attempts by national banks to use EFT systems in states which do not allow state banks to engage in branch banking, and whether EFT systems are branch banks under applicable federal law.
The Standard Of Employer Liability For Conduct Of Supervisory Personnel Under The Occupational Safety And Health Act, William Yoquinto
The Standard Of Employer Liability For Conduct Of Supervisory Personnel Under The Occupational Safety And Health Act, William Yoquinto
Fordham Urban Law Journal
Article examines the difference of opinion among the United States courts of appeals regarding the parameters of employer responsibility under the Occupational Safety and Health Act (OSHA) for the conduct of employees. Article examines the Fourth Circuit’s decision in Ocean Electric Corp. v. OSHRC where a more stringent standard of liability should apply to the actions of foremen acting in their supervisory capacity and how other circuits might rule in similar factual scenarios.
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Fordham Urban Law Journal
Article examines the Federal Communications Commission’s 1975 decision to prohibit cablecasters from showing certain types of programming, on the rationale that pay cablevision, through successful competitive bidding, would ‘siphon’ this programming away from broadcast television and deprive the general public of popular programming. Article discusses the history behind the decision, the court of appeals’ treatment of the FCC rules and the decision’s possible effect on future pay cable regulations
The Effect Of Recent Medicaid Decisions On A Constitutional Right: Abortions Only For The Rich?, Michael Lalli
The Effect Of Recent Medicaid Decisions On A Constitutional Right: Abortions Only For The Rich?, Michael Lalli
Fordham Urban Law Journal
Article discusses recent abortion decisions since Roe v Wade and the issues left unanswered, namely, must public hospitals now permit the use of their facilities for abortions and are states obliged to pay for abortions for women who cannot afford them.
Employee Privacy Rights: A Proposal, Martin N. Flics
Employee Privacy Rights: A Proposal, Martin N. Flics
Fordham Law Review
No abstract provided.
A Statement Of Moral Purpose: The 1948 Genocide Convention, Michael P. Murphy
A Statement Of Moral Purpose: The 1948 Genocide Convention, Michael P. Murphy
Fordham International Law Journal
Genocide was declared an international crime in 1946. In response to this declaration, the Convention on Prevention and Punishment of the Crime of Genocide was adopted in 1948. Although 28 years have passed, the United States has not yet determined its position, with respect to the Convention and this international compact is still pending before the Senate. This article is concerned primarily with the probable impact of the United States' position on the Genocide Convention in light of international law and relations. The body of the Convention is discussed and analyzed along with three proposed United States' understandings. It is …
In Re Federal's, Inc., Another Round In The Battle Between The Reclaiming Credit Seller And The Bankruptcy Trustee , Richard A. Mann, Michael J. Phillips
In Re Federal's, Inc., Another Round In The Battle Between The Reclaiming Credit Seller And The Bankruptcy Trustee , Richard A. Mann, Michael J. Phillips
Fordham Law Review
No abstract provided.
The Rights Of Children: A Trust Model, Connie K. Beck, Greta Glavis, Susan A. Glover, Mary Barnes Jenkins
The Rights Of Children: A Trust Model, Connie K. Beck, Greta Glavis, Susan A. Glover, Mary Barnes Jenkins
Fordham Law Review
No abstract provided.
Infitah In Egypt: An Appraisal Of Egypt's Open-Door Policy For Foreign Investment , Gerald T. Mclaughlin
Infitah In Egypt: An Appraisal Of Egypt's Open-Door Policy For Foreign Investment , Gerald T. Mclaughlin
Fordham Law Review
No abstract provided.
The Criminalization Of Questionable Foreign Payments By Corporations: A Comparative Legal Systems Analysis, Gerald T. Mclaughlin
The Criminalization Of Questionable Foreign Payments By Corporations: A Comparative Legal Systems Analysis, Gerald T. Mclaughlin
Fordham Law Review
No abstract provided.
National League Of Cities V. Usery―The Commerce Power And State Sovereignty Redivivus , Bernard Schwartz
National League Of Cities V. Usery―The Commerce Power And State Sovereignty Redivivus , Bernard Schwartz
Fordham Law Review
No abstract provided.
Nonmutual Collateral Estoppel And The Seventh Amendment Jury Trial Right , Neil Novikoff
Nonmutual Collateral Estoppel And The Seventh Amendment Jury Trial Right , Neil Novikoff
Fordham Law Review
No abstract provided.
The Inequitable Tax Treatment Of Expenses Incident To Charitable Service , Joel S. Newman
The Inequitable Tax Treatment Of Expenses Incident To Charitable Service , Joel S. Newman
Fordham Law Review
No abstract provided.
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Prisoner Access To Parole Files: A Due Process Anaylsis, John P. Mccahey
Fordham Law Review
No abstract provided.
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Three New Profs Join Fordham Ranks; McLaughlin Honored at Alumni Fete; Elizabeth Walters Named To Head Placement Office; Two Students Top Field In Mulligan Competition; Phi Alpha Delta Initiates Judge As Honorary
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Crowley Named Winner of 1977 Keefe Award; Alumni Secretary Blake Named to Head Placement; McLaughlin Announced Faculty Appointments; Graduation Planned for Damrosch Park
The Advocate, The Advocate, Fordham Law School
The Advocate, The Advocate, Fordham Law School
The Advocate
Plug Pulled on Student Body; Dean Resigns to Head Placement; SBA Overthrown in Bloodless Coup; Guard Stolen from Front Desk; Pens and Pencils Banned from Classrooms